A Constitutional Commitment to Access to Literacy: Bridging the Chasm Between Negative and Positive Rights

EVAN CAMINKER

Michigan Law dean emeritus Evan Caminker discusses a decision by the U.S. Court of Appeals for the Sixth Circuit, in which that court held that the Fourteenth Amendment’s Due Process Clause secures schoolchildren a fundamental right to a “basic minimum education” that “can plausibly impart literacy.” Caminker—one of the co-counsel for the plaintiffs in that case—explains why the decision is so remarkable and why the supposed dichotomy between positive and negative rights is not as stark as canonically claimed.

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Davis County v. Purdue Pharma, LP

Court: Utah Supreme Court

Citation: 2020 UT 17

Opinion Date: April 23, 2020

Judge: Thomas R. Lee

Areas of Law: Drugs & Biotech

In this case, one of thousands filed by state and local governments against opioid manufacturers across the country, the Supreme Court affirmed the judgment of the second district court granting a manufacturer defendant's motion to transfer the Davis County action to the third district court for discovery and pretrial proceedings, holding that the district court did not abuse its discretion. Plaintiffs in these cases asserted that manufacturers and distributors of opioid drugs misled the public about the safety of these drugs, leading to the opioid epidemic. Fifteen opioid cases were filed in Utah courts. When certain manufacturer defendants moved to consolidate all of the state's pending cases in third district, the court invited judges in other district courts to consider transferring their opioid cases to the third district. Janssen Pharmaceuticals, Inc. filed a motion in the second district asking that the court transfer the Davis County action to the third district for discovery and pretrial proceedings. The second district granted the transfer petition. The Supreme Court affirmed, holding (1) the district court has inherent authority to grant a motion to transfer for pretrial proceedings; and (2) the district court did not exceed the bounds of its discretion in transferring this case to the third district.